History Repeated
by livsgirl
Summary: The current case shocks Olivia and sends her to her mothers grave. Spoiler alert for Legitimate Rape


**A/N: After watching Legitimate Rape this morning I couldn't get this one shot out of my head. Since I have a brief moment at work to post it I am. This is one of many that may come from that episode because I so many possibilities there. Now that I have this out of my head maybe I can get the next chapter of Revelations finished. Thank you to everyone who reads all my stories and as always reviews are welcome.**

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Olivia took a deep breath as she stepped out of the car and looked around. It was rare that she ever made trips out here but today was one of those special occasions. Taking a final look around Olivia slowly made her way through the maze of headstones till she walked up to her mothers. She stopped and stared at the headstone that read Serena Benson Beloved Daughter and Mother as she struggled to find the words to say what she wanted to say.

"We just finished a case that reminded me so much of you." Olivia said deciding to start with the case that had brought her there "A sports reporter had been raped by her fellow coworker. It took her six weeks to come forward and then she backed out when we started to discuss it. It was almost two weeks later before she came to the bull pen and fully disclosed the rape. To be honest the only reason why she did that was because the rapist was stalking her. It wasn't until I went to notify her that not only was Purcell, the suspect, was arrested but a high bond was placed and he would be in jail till the trial that she realized that there was a possibility that she was pregnant. She had never considered it because she was told that she would never be able to carry a child which is why her and her husband had divorced. Her reaction was the same as any rape victim and no doubt the same as your's, she couldn't have her rapists baby. The very thought of having his baby growing in side of her repulsed her and she was considering abortion. The only differences between the two of you were that you couldn't consider abortion because it didn't become legal till 1973 when I was six. After much debate and consideration, much like I assumed you went though, she decided to keep the baby, a little boy, and raise him just like you did."

Olivia took a seat on the ground and reached out and ran her hand along the head stone tracing her mothers name.

"The defense, who halfway through the case started representing himself, brought in a so called expert, a congressman by the name of Fritz Showalter, who states and believes that a rape victim cannot conceive during the act of what he calls legitimate rape. His line of thinking was that the body's natural mechanism for shutting down ovulation during stressful times occurs during a rape, therefore preventing the chance of pregnancy. Thankfully ADA Rafael Barba, who secretly I questioned his fights for the victims, stepped up and discredit the so call expert witness. Then in a way to terrify the victim Purcell calls her back to the stand and forces her to announce to the court room that the baby is his but he swore it was conceived through consensual sex. Not long after that the jury convened and it took them two days to reach a verdict. What made us wonder was the fact that they wanted the congressman's testimony read back to them even after Barba had discredited him. Cragen believed it was good and a way for the jury to see what a lie it was. They had finally reached the verdict and we were called back into the courtroom. To say we were all shocked when he was acquitted of rape but convicted of Aggravated Stalking is an understatement."

Olivia pulled her knees to her chest as the tears began to fall.

"The trauma of what had happened sent the victim into early labor and she delivered a healthy baby boy she named Theo. I went to visit her in the hospital and she was all smiles for the first time since the case started. She said that seeing Theo took her mind off the verdict. I couldn't help but wonder did you feel like that when you first held me? Was there a period that you were happy to have me? Anyways while I was there she was served with papers that the rapist father was suing for custody. I was stunned how could this happen. How could the law allow someone who was charged with rape even though acquitted file for custody of the product of alleged rape. Do you know it is legal for a rapist whether convicted or not to sue for custody rights in thirty-one states. Thirty one states, mom. I know its bad enough to have to see the product of your rape on a daily basis but imagine having to maintain contact with him because of the child. Barba found her the best attorney around for this case and had her represent her. His defense on why he should be awarded full custody was that she no longer worked and was taking antidepressant and anti-anxiety pills making her an unfit mother. The judge felt that Purcell's behavior was reprehensible and awarded the victim full custody. But because Purcell was the biological father and he was willing to pay child support she allowed him to have minimal supervised visitation for two hours every Saturday. How could that happen mom? How is the state of New York, hell the thirty-one other states so far behind to allow this? Now is the victim not only raped by the perp but the system not once but twice, how is that fair."

Olivia stretched her legs and wiped the tears that had fallen from her face.

"I went to take baby Theo to his visitation with his father. When I arrived she was packing up to leave and violate the court order. I tried to talk her out of it saying give it time he will violate his order and wind back up in jail and the laws would change. She said she couldn't and wouldn't subject her child to spend time with the man who raped her. For the first time ever I was happy to assist someone to violate a court order. Myself and her attorney was able to get her on a private plane to a place where she couldn't be extradited from. As I helped her break the law I couldn't help but wonder would you have done that had your rapist tried to receive visitation rights to me? Would you have broken the law to protect me like she did? I knew without a doubt that you would have mom. We didn't have the greatest relationship in the world but we made the best of what we had."

Olivia stood and wiped the dirt off the top of the headstone.

"I want to leave you on a happy note mom. I have started seeing someone. His name is Brian Cassidy. He's an officer with the NYPD and you may remember him from his brief stint with SVU thirteen years ago. He's a good man and he treats me well. I know you always thought that my upbringing and my job jaded me with men but it didn't. I just never found a man who understood me and my job before but he does. He's been there and done that if you will. I know if you were still here today you would love him. He's changed from when he was younger for the better but then again we both have. I love you mom. I know you did the best that you could with what you had. I want you to know that despite what you may have thought as I got older I never blamed you for my rough childhood. If anything I have to thank you for it. Because if it wasn't for the way you raised me I might not have been the officer that I am today. I have to go now but I promise to come back soon and maybe one day I will bring Brian so you can meet him. Goodbye mom and thank you."


End file.
